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Case No. 19-1031

State of Iowa
v.
George James Jackson

Appellee

State of Iowa

Appellant

George James Jackson

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Attorneys for Appellant

Jesse A. Macro Jr. and Cole J. Mayer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1031
Date Published:
Mar 04, 2020
Summary

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (7 pages)

            George Jackson contends the sentencing court erred in correcting his original illegal sentence without holding a hearing where he could be present.  OPINION HOLDS:  Only the portion of the sentence imposed by the nunc pro tunc order that this court vacated required resentencing for imposition of the statutorily required batterers’ treatment program.  Jackson knew of the requirement that he attend a batterers’ treatment program when he pled guilty plea and no doubt expected his sentence to include the requirement.  We therefore conclude that Jackson’s presence was not required at the correction of his sentence, and any error was harmless.

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